Hand Lumber Co. v. Hall
Supreme Court of Alabama
Appeal from Baldwin Circuit Court. I-Iearcl before Hon. William S. Anderson. ■ ' Action by Leslie Hall against the Hand Lumber Company. Prom a judgment for plaintiff, defendant appeals. .This was an Action begun by appellee to recover an attorney’s fee. Nearly all the facts necessary to an understanding of the case are set out in the opinion.
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Appeal from Baldwin Circuit Court. I-Iearcl before Hon. William S. Anderson. ■ ' Action by Leslie Hall against the Hand Lumber Company. Prom a judgment for plaintiff, defendant appeals. .This was an Action begun by appellee to recover an attorney’s fee. Nearly all the facts necessary to an understanding of the case are set out in the opinion. The check and voucher referred to in the opinion are in words and'figures as .follows: “To cover voucher 478. Bay Minette, Ala.,- May 30, 1902. Baldwin County Bank, pay to' the order of Leslie Hall $30.00, thirty and no one hundred dollars. J. D. Hand.”…
1Opinion of the CourtWeakley, C. J.
“The rule that the payment of a less sum than the real debt will be no satisfaction of a larger sum without a release by deed applies only to conceded or undisputed demands. Where the claims are in dispute the compromise and.part payment thereof are sufficient consideration to support the discharge.”— 24 Am. & Eng. Ency. Law (2d Ed.) p. 288. The-cases *564of Barron v. Vandvert, 13 Ala. 232, Pearson v. Thompson, 15 Ala. 700, 50 Am. Dec. 159, and Hodges v. Tenn. Implement Co., 123 Ala. 573, 26 South. 490, each involved an indebtedness by note, and in those cases there was no dispute as to the…
2Cases cited5 opinions
- Singleton, Hunt & Co. v. ThomasSupreme Court of Alabama · 1882
- Pearson v. ThomasonSupreme Court of Alabama · 1849
- Hart v. FreemanSupreme Court of Alabama · 1868
- Hanson v. ToddSupreme Court of Alabama · 1891
- Barron v. VandvertSupreme Court of Alabama · 1848
3Cited by40 opinions
- York Chrysler-Plymouth, Inc. v. Chrysler Credit Corp.Court of Appeals for the Fifth Circuit · 1971
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Wright v. McCordSupreme Court of Alabama · 1920
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922
- Boohaker v. TrottSupreme Court of Alabama · 1962
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